TERMS OF USE
AGREEMENT TO TERMS OF USE; OWNERSHIP OF SITE
These terms of use ("Terms of Use") apply to Totzeret Havegev Cooperative Agricultural Organization Ltd. ("Totzeret"), web site located at https://negev-produce.com, ("Site"). The Site is the property of Totzeret and its licensors.
by using the Site, you agree to these Terms of Use; If you do not agree, do not use the Site. Please note that these Terms of Use are a legal agreement between you ("You" or "Your") and Totzeret.
Totzeret reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is Your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that You accept and agree to the changes.
As long as You comply with these Terms of Use, Totzeret grants You a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.
CONTENT
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, "Content"), including but not limited to the design, structure, selection, coordination, expression, "look and feel" and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to Totzeret, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, web site or other medium for publication or distribution or for any commercial enterprise, without Totzeret's express prior written consent.
You may use information on Totzeret products and services (such as data sheets, knowledge base articles, and similar materials) purposely made available by Totzeret for downloading from the Site, provided that You (1) not remove any proprietary notice language in all copies of such documents, (2) use such information only for Your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such documents.
RESTRICTIONS ON ACCESS AND USE
You shall not to use the Site in any way which (a) violates any applicable law, regulation, by-law, code or order of any governmental body having jurisdiction; (b) is defamatory, obscene, pornographic, misleading, deceptive, fraudulent, unlawful, abusive, hateful, libelous, or otherwise inappropriate; (c) violates any intellectual property rights, right of privacy, right of publicity or any other right of any third party. You covenant and agree that Your use of the Site shall be in a manner consistent with these Terms of Use and with all applicable laws and regulations. Without limiting the generality of the foregoing, You shall not fraudulently use the Site, in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms of Use.
SERVICE ADMINISTRATION
Totzeret reserves the right to do any of the following, at any time, without notice: (1) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (2) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
Totzeret does not guarantee the continuous availability of the Site and/or any Content or information therein.
MONITORING
Totzeret reserves the right to monitor Your use of the Site. Such monitoring shall not impose any liability on Totzeret, nor derogate from Your obligations, responsibilities and liabilities hereunder.
PRIVACY
Totzeret's Privacy Policy applies to the use of this Site, and its terms are made a part of these Terms of Use by this reference. To view Totzeret's Privacy Policy, click here. Additionally, by using the Site, You acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information You send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information if applicable) is encrypted.
DISCLAIMERS
TOTZERET DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. TOTZERET CANNOT ENSURE THAT THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. TOTZERET DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TOTZERET DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST TOTZERET FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
For the purpose of this clause hereof, the term “Totzeret” also include any of Totzeret's affiliates, directors, employees, agents, subsidiaries, successors, assigns and licensors.
LIMITED LIABILITY
To the fullest extent permitted by law, Totzeret shall have no liability for any losses or damages whatsoever, whether in contract, tort or otherwise, arising out of or in connection with Your use of or inability to use the Site or any Content therein, including without limitation direct loss, loss of profits, loss of business, loss of opportunity, (whether or not such loss was foreseeable, arose in the normal course of things or Totzeret has been advised of the possibility of such potential loss), damage caused to Your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential or incidental damages. In any event, You expressly understand and agree that any claim against Totzeret shall be limited to the amount You paid, if any, to Totzeret, for use of the Site during a period of six (6) months prior to the date of the initial claim made against Totzeret.
For the purpose of this clause hereof, the term “Totzeret” also include any of Totzeret's affiliates, directors, employees, agents, subsidiaries, successors, assigns and licensors.
INDEMNITY
You agree to indemnify and hold Totzeret, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any loss, damage, liability or expenses (including attorneys’ fees), resulting from: 1) any violation by You of any provision in these Terms of Use or arising out of any claim that You have breached any provision of these Terms of Use; 2) Any claims made against Totzeret by any third party due to or arising out of or in connection with Your use of the Site or any Content therein.
TERMINATION
Totzeret reserve the right, exercisable at our sole discretion, with or without notice, to: 1) modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; 2) suspend or terminate Your access to or use of all or part of Site, for any reason, including, without limitation, for suspected breach of these Terms of Use.
GOVERNING LAW AND JURISDICTION
these Terms of Use and Your use of the Site are governed by the laws of the state of Israel. Any dispute or action in connection with these Terms of Use shall be brought exclusively to the competent courts in the city of Tel Aviv, Israel, which shall have sole and exclusive jurisdiction over any such dispute and action, and You irrevocably agree to the jurisdiction of such courts. You agree that regardless of any statute or law to the contrary, any claim or cause of action You may have arising out of, related to or connected with the use of or inability to use the Site or any Content or information therein must be filed by You within six (6) months after such claim or cause of action arose or be forever barred.
MISCELLANEOUS
If any of these Terms of Use are deemed invalid or unenforceable for any reason, then the invalid or unenforceable provision will be severed from these Terms of Use and the remaining terms will continue to apply. Failure by Totzeret to enforce any of the provisions set out in these Terms of Use shall not be construed as waiver of such provisions and shall not affect the validity of these Terms of Use or any part thereof, or the right thereafter to enforce each and every provision.
